It’s the right thing to do…and now we have data!

Today’s the day we can celebrate the first anniversary of the demise of the “don’t ask don’t tell” policy that pushed 13,000 homosexual soldiers, sailors, airmen and Marines out of the armed forces of our country and forced untold thousands of others to lie about their sexual orientation in order to continue to serve.  How has the republic fared?

You’ll recall that some opponents of the repeal warned of dire consequences should we choose to stop discriminating against homosexuals who wanted to serve their country; well OK, let’s assess the fallout now, a year removed from the heat of the moment.  Nathaniel Frank today in Slate:

During the debate over “don’t ask, don’t tell”—which ended one year ago this week—Sen. John McCain insisted that ending the gay ban would do “great damage” to the military, and the commandant of the Marine Corps said it could “cost Marines’ lives.” One think-tanker agreed that we’d be taking “a risk with our lives, property and freedom.” Another declared breathlessly that, “ultimately all of civilian life will be affected.” Then there was the dire prediction that one-quarter of the military, or 500,000 troops, might quit in protest.

(snip)

A new UCLA study, which I co-authored with other academics including military professors from all four U.S. military service academies, has assessed whether ending the gay ban has indeed harmed the armed forces. It hasn’t. Our conclusion is that ending the policy “has had no negative impact on overall military readiness or its component parts: unit cohesion, recruitment, retention, assaults, harassment or morale.”

(snip)

But we found we could go beyond that: We can also report that after the military ended the gay ban, the institution itself improved, and not just for gay people but for the overall force. Lifting the ban, we found, improved the ability of the military to do its job by removing needless barriers to peer bonding, effective leadership and discipline.

Surprised?  I’m not.  I did then and do now have confidence in the Pentagon’s ability to carry out its orders; I did then and do now have faith that most American men and women, in and out of the armed forces, believe in the American values of equality, fairness and tolerance; I did then and do now believe that the remaining barriers of prejudice are best overcome by exposure to the unknown.

And I believe that ending policies and practices that discriminate against homosexuals will have the same effect in other areas of life as it’s had for the military, because I believe most American men and women, despite the teachings of some religions to the contrary, know in their hearts that it’s the right thing to do.

Mark your civil rights calendar: the gay marriage issue could get to the Supreme Court before the end of the current term.

Mitt: Did I say that out loud?

Years ago I was a political junkie, but I kicked it. Turned out it was pretty easy to get the political process monkey off my back when the campaign content and tactics got so distasteful that I couldn’t bear to listen. But some things come back easily, in the right circumstances.

The “hidden video” news revealing Mitt Romney in an unguarded moment in his native environment—among the wealthy—expressing his apparently-honest feelings about a large portion of his fellow citizens left me shaking my head and imagining the effect on voters. Even if what he said was right—and mostly it’s not—demonstrating that contempt for the poor and the elderly, who make up most of those who owe no federal income tax but still pay plenty of other taxes, isn’t going to help Romney with his likeability problem. Today’s revelation of another video clip from that same fundraiser—in which Romney asserts that Palestinians (apparently, all of them) “have no interest whatsoever in establishing peace” with Israel—and the promise of the full video still to come, makes you grateful to live in a time when everyone with a phone is a potential hidden camera.

Romney is right about the fact that most people, on both sides, have made up their minds, and the outcome depends on the choices of a small portion of voters. The experts haven’t had time yet to gather data on how Romney’s truth outbursts in a Florida fundraiser will affect those undecided voters, but that data will get put into the mix along with this very interesting analysis of the polling up to this point which concludes that “Given where the election is being contested, however, the most likely outcome is that Obama wins enough tipping-point states to eke out a victory.” I can hardly wait for the debates!

Health insurance law ruling will refocus fall campaign–away from the most important issues!

Let the predictable caterwauling begin: today the Supreme Court upheld the constitutionality of President Obama’s signature domestic policy achievement, the Patient Protection and Affordable Care Act, with Chief Justice John Roberts leading the majority on the 5-4 decision.

The heart of the disagreement over the law is its requirement that each of us Americans purchase health insurance, and the court has now ruled that the requirement does not violate the Constitution.

During oral arguments in March, conservative justices indicated they were skeptical about the individual mandate, the provision in the 2,700-page health-care law that requires nearly all Americans to obtain health insurance by 2014 or pay a financial penalty.

Arguing the case for the Obama administration, Solicitor General Donald B. Verrilli Jr. defended the law as a constitutional exercise of congressional power under the charter’s commerce clause to regulate interstate commerce. He said lawmakers were regulating health insurance to deal with the problem of millions of people who lack coverage and therefore shift costs to the insured when they cannot pay for their medical care.

Paul D. Clement, representing Florida and 25 other states objecting to the health-care law, argued that Congress exceeded its power in passing the law, which he said compels people to buy a product.

The court rejected Obama administration’s commerce-clause argument, but ruled 5-4 that Congress nevertheless “has the power to impose” the individual mandate under its taxing authority. The provision “need not be read to do more than impose a tax,” the opinion said. “This is sufficient to sustain it.”

Neither the plaintiffs in the case nor the Obama administration had argued before the court that the individual mandate was a tax.

(In fact, that is the point made—the only point made—in the story I saw when I clicked on the lead headline on FoxNews.comthis afternoon.)

The decision means that implementation of the new law should proceed, with the aim to get health insurance coverage for tens of millions of currently uninsured Americans; these are the people who currently access the most expensive health care around through emergency rooms and charity care, medical care that those of us who pay taxes are already footing the bill for anyway.

So, that’s settled.  Or not.  Arguably, the real heart of the disagreement is that this is Obama’s plan, and people who had supported similar health care insurance law revisions in the past (like the conservative Heritage Foundation and many Republicans; like the Commonwealth of Massachusetts, W. Mitt Romney, Gov.) opposed this one because it was Obama’s plan.  People like Mitch McConnell, and others who have proudly and publicly asserted that they will do whatever is required to make Barack Obama a one-term president (for whatever reason).

The dissent in the case will only fuel their fire: it argues that the Obamacare mandate that individuals purchase a product—health insurance—and its threatened denial of some Medicaid funding to states for non-compliance both unconstitutionally exceed government authority, and that since those provisions are crucial to making the system work, the entire statute should be tossed out…hmm, not much room for compromise here, I guess.

It’s unfortunate that the divide on the court was (except for Roberts) by perceived political ideology—for many people that’s going to reinforce the idea that the justices make their decisions based on politics rather than the law, and that will reinforce the left/right division in politics.  But it could have been worse: as David Franklin from DePaul University’s College of Law argues in Slate, Roberts found a way to uphold ACA in order to save the integrity of the Supreme Court.

A 5-4 decision to strike down Obamacare along party lines, whatever its reasoning, would have been received by the general public as yet more proof that the court is merely an extension of the nation’s polarized politics. Add the fact that the legal challenges to the individual mandate were at best novel and at worst frivolous, and suddenly a one-vote takedown of the ACA looks like it might undermine the court’s very legitimacy.

And, of course, health care is now likely to become the distraction center for a presidential campaign that I’d hoped would hold its focus on employment and the federal budget.

(We don’t need to spend time discussing how, in their rush to be first with the news, CNN and Fox both got the story completely wrong, do we?  Fish in a barrel…)

Here’s a smattering of the early reports on the court ruling, for your edification and delight:

Bravo, Mr. President

Let’s see now: I asked President Obama to take a stand…it was all the way back to, well, yesterday (see just below) that I asked if “anybody is ready to really show some leadership” on the issue of same-sex marriage by just having “the courage to publicly do the right thing.”  Today, the president publicly affirmed that he believes same-sex couples should be permitted to get married.  Thank you, sir.

To deny some Americans the right to marry under civil law due to their gender is discriminatory.  The fact that a majority of the states have constitutional or statutory prohibitions of same-sex marriage doesn’t change that fact, but even those barriers are likely to fade away as more people come around to the understanding that the prohibition is wrong.  Fact is, most Americans are live-and-let-live sorts who wish the anti-gay extremists would just shut the hell up and stop always trying to make everybody else live according to the rules of their religion.  Just yesterday the latest Gallup poll showed that half of all Americans believe same-sex marriages should be legal, and the numbers in favor have steadily grown over the years.

Was Obama’s announcement today politically brave?  Maybe.  Taking this stand isn’t going to change the minds of the religious extremists who make up so much of the conservative fringe that’s taking (taken?) control of the Republican Party: they hate him and are never going to vote for him no matter what he says, on this subject or any other.  From a political standpoint, those people are a lost cause.  This may hurt him among some less strident traditionalists who can’t go along with his stand on this issue, and now are lost from the group of independent voters who were still undecided; those numbers are pretty hard to calculate, though.

On the other hand, it has to help him among the gay rights supporters who voted for him four years ago and are disappointed that he hasn’t been stronger on the issue, despite his administration getting rid of don’t ask don’t tell and stopping any government support of the Defense of Marriage Act.  And it should help him among some independents who feel that taking a stand on a controversial issue deserves to be rewarded; the numbers there, too, are tough to add up.  Maybe his campaign numbers-crunchers have already done that, and maybe they think that this will be a net gain for Obama in November; we’ll see.

(One lesson here: despite the characterizations his enemies use, Barack Obama really is a very moderate and middle of the road politician. If he was the big liberal the conservatives claim he is he’d have started pushing gay marriage years ago.)

In either case, Obama has shown us that he can be a leader: he’s taken a stand that he knows is not universally popular and run the risk of political harm…time will show whether or not he can persuade America to the rightness of his position on this issue.  Now, he did take his sweet time about doing it—he was very cautious, and put his toe in the water with all that “evolving” crap to see what would happen.  He could have kept his mouth shut and waited for the issue to settle down and disappear again in a week or two, as it surely would have done.  But he didn’t.  Good for him.  Good for us.

OK, let’s make gay rights an issue in the presidential election—why not?!

I mean, it’s not like there’s already a bunch of issues in this year’s election on which the candidates (and presumptive candidates) have staked out well-reasoned and philosophically-consistent positions as they make a rational case to the people of America asking for the responsibility of managing one of the major branches of our national government, right?  So I’d like to see if anybody is ready to really show some leadership, and gay rights and gay marriage are perfect issues: all that’s required is the courage to publicly do the right thing.

The latest engagement was in North Carolina where the voters took to the polls Tuesday to say no to gay marriage, in great big, red letters.  In Slate William Saletan summarized the vote-no-’cause-God-says-so arguments, and other scare tactics, those people heard in the campaign: Gay marriage will destroy religious freedom, and weaken the economy, and be treason against God, and we’ll lose God’s protection from racial disasters, and it will lead to man-on-dog marriage.  (Seriously.)

(Interesting perspective, though, from the speaker of the North Carolina state house, who is convinced that any ban on gay marriage in his state will only be temporary.  “State House Speaker Thom Tillis, a Republican from a Charlotte suburb, said even if the amendment is passed, it will be reversed as today’s young adults age.  ‘It’s a generational issue,’ Mr. Tillis told a student group at North Carolina State University in March about the amendment he supports.  ‘If it passes, I think it will be repealed within 20 years.’”)

This comes just a week after a Mitt Romney campaign foreign policy spokesman resigned after anti-gay conservatives “made an issue” out of his support for gay marriage.  Yes, it was Richard Grenell’s “unhinged” support for gay marriage that upset these folks, surely; the religious extremists wouldn’t have used that to cover their opposition to Grenell because the man himself is gay…no no, surely not.  Romney didn’t cover himself in glory, caving to the intolerance from the religious rightand sacrificing Grenell on the altar of getting elected.

Joe Biden’s got something to say here—what a surprise!  But I’m inclined to agree with those who think that putting the loose-lipped vice president on “Meet the Press” and having him say he is comfortable with gay marriage as a civil right is part of a political plan by the Obama campaign, which wants to reassure gay and lesbian voters, and other voters who support gay rights, that the president really is on their side but doesn’t want to take the chance of reigniting this culture wars issue and inflaming anti-gay voters into supporting Romney.  Adding the secretary of education to the mix was a nice touch.  From the standpoint of election politics, I understand that reasoning.  (There are Democratic spin doctors who insist there’s no subterfuge involved, that the campaign wishes this issue had stayed down in the weeds.)

But I also agree with J. Bryan Lowder in Slate, and probably many others in other places, when they argue that there has to come a time when the political calculations take a back seat to doing the right thing.

However, at some point this kind of political prevarication is going to have to give way to principle. Though the cultural mood in this country regarding homosexuality has been morphing in the right direction for a number of years now, waiting for the zeitgeist or generational turn-over to solve everything isn’t going to help those citizens affected in the meantime by dangerously reactionary legislation.

(They’re talking about you, Mr. President, if you’re up to it.)

Lowder goes on to explain, and links to a FiveThirtyEight blog post in the New York Times that further explains, that the North Carolina constitutional amendment doesn’t just prohibit same sex marriage, it outlaws all civil unions and domestic partnerships in the state regardless of gender.  Now, God’s position on heterosexual civil unions is not entirely clear, but there is a new Gallup poll showing half of Americans today believe same-sex marriages should be recognized as valid by lawwith the same rights as heterosexual marriages.  That’s a dramatic change from 15 years ago when it was only 27% favoring and 68% opposing.

The tide is turning: last week Funky Winkerbean started a new series, and I have a feeling the good people of Westview, Ohio will end up on the side of the angels.

gay prom at westview